DURGA SINGH Vs. MOHAR SINGH

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 29/3/2025, passed by learned Sessions Judge, Rampur Bushehr, District Shimla, H.P., (learned Appellate Court) vide which the judgment of conviction and order of sentence dtd. 1/9/2023, passed by learned Judicial Magistrate First Class, Ani, District Kullu, HP (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint against the accused before the learned Trial Court for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short, 'NI Act'). It was asserted that the complainant and the accused were known to each other. The accused borrowed 5.00 lacs from the complainant on 25/8/2016. He issued a cheque of 5.00 lacs drawn on ICICI Bank, Rampur Bushehr, District Shimla, HP, to discharge his liability. The complainant presented the cheque for encashment, but it was dishonoured with an endorsement 'insufficient funds'. The complainant served a notice upon the accused on 21/10/2017 asking him to repay the amount, but he failed to do so. Hence, a complaint was filed before the learned Trial Court for taking action against the accused as per the law.

(3.) The learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to him for the commission of an offence punishable under Sec. 138 of the NI Act, to which he pleaded not guilty and claimed to be tried.